Although the year isn’t quite over yet 2025 has delivered a number of judgments from the NSW courts that provide useful lessons that construction industry participants would do well to learn from.  These cases provide practical guidance on how courts interpret Building and Construction Industry Security of Payment deadlines, evaluate documentation, and enforce contractual terms.
The construction industry in New South Wales has seen major reforms in recent years. Central to these is the introduction of the Design and Building Practitioners Act 2020. Brought into force in 2020, the legislation was created to address long-standing concerns about defective buildings, gaps in accountability, and a lack of confidence in the industry.
In the commercial construction space, limitation and exclusion of liability clauses serve as a key risk management tool. These clauses can limit or exclude types of liability of one party to another, providing certainty and predictability in the event of a dispute. That said, a poorly drafted clause can be worse than none at all. Courts require clear, unambiguous wording, and overly broad or vague provisions may not be enforceable. Or, they may be interpreted contrary to how the parties intended them to operate.
When you don’t get paid for works, you need to act fast to protect your interests and recover the money owed to you. Otherwise you are at risk of missing crucial deadlines and losing your best chance to recover payments.
Liquidated damages can quickly cripple the profitability of your job and sour a commercial relationship. But, it can also be a powerful commercial tool which provides certainty for both parties to the contract. In this guide we’re going to show you what liquidated damages are and an explanation of the five key elements that influence when liquidated damages apply.
If your business dispute has hit the point of litigation, then you probably know you’re in for what could be a long and arduous journey. Therefore as part of your overall thinking and strategy, it’s important to consider and discuss with your lawyers the general nature of what you can or cannot recover as part of a costs order, especially in lower Courts or Tribunals.
